Duggan v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 245, Oct. T., 1893, by-plaintiff, John Duggan, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 517, on verdict for plaintiff. Trespass for arrest and removal from railroad train.
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Appeal, No. 245, Oct. T., 1893, by-plaintiff, John Duggan, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 517, on verdict for plaintiff. Trespass for arrest and removal from railroad train. The facts appear by the following charge, by White, J.: “ The plaintiff lives in New Haven, opposite Connellsville, in Fayette county, and, on December 16th, 1891, came over to Connellsville, shortly after four o’clock in the morning, intending to come to Pittsburgh on the express train, and purchased a round-trip ticket, for which he paid $2.75. When the train got to McKeesport, some…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The instructions to the jury on the measure of damages cannot be sustained. The charge that plaintiff could recover “ only such damages as resulted from his being unable to complete his trip that day,” is substantially the same as the point presented in Penn. R. R. Co. v. Spicker, 105 Pa. 142, that “ damages must be limited to compensation for loss of time, expenses incurred then and there, and the cost of another ticket ” which this court held was properly refused.
The further charge that plaintiff’s recovery “ could only be by way of compensation, and if he…
2Cases cited5 opinions
- Rommel v. SchambacherSupreme Court of Pennsylvania · 1887
- Pittsburg & Connellsville Railroad v. PillowSupreme Court of Pennsylvania · 1875
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. HindsSupreme Court of Pennsylvania · 1867
- Perry v. Pittsburgh Union Passenger Ry.Supreme Court of Pennsylvania · 1893
- Pennsylvania Railroad v. SpickerSupreme Court of Pennsylvania · 1884
3Cited by29 opinions
- Picking v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1945
- Kedra v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1978
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Weider v. HoffmanDistrict Court, M.D. Pennsylvania · 1965
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